ࡱ>   @ bjbjצצ 7&4j9j9j989>:T,::::::;;;?R;;::AAA::AAA:: py^j9P,"0,]<]X]8;!\A]tA;;;df- %f-trade and investment regime Overview Since the previous review in 1999, several important changes have taken place in Bolivia's legal and institutional framework. At the same time, there has been political and social instability, which has had a negative impact on the economy (see also ChapterI). Bolivia's trade policy is mainly defined at the national level. In May 2005, Bolivia adopted a programme of policies aimed at, inter alia, boosting Bolivia's participation in integration processes, opening up new export markets, promoting investment, and building up the alliance with the private sector. In order to provide more effective access to foreign markets, Bolivia is also endeavouring to maintain and improve preferences and to make further progress in trade facilitation. It is drawing up a new export strategy in order to expand and diversify the production of goods and services for export. Bolivia has been a Member of the ϲʹ since September 1995. It plays an active role in the multilateral trading system and has made a number of proposals in the context of the Doha Development Agenda. Since the last review, Bolivia has submitted numerous notifications to the ϲʹ. It has had recourse to the ϲʹ dispute settlement mechanism (as a third party) in a dispute concerning trade preferences. Bolivia is a founding member of the Andean Community. It participates in the Latin American Integration Association (LAIA), under which it has signed economic complementarity agreements with Chile, Cuba, MERCOSUR and Mexico. It is an observer at the negotiations on a freetrade treaty between the United States, on the one hand, and Colombia, Ecuador and Peru, on the other. Bolivia has been given unilateral trade preferences by the European Union and the United States, inter alia. It has also benefited from a number of technical assistance activities organized within the ϲʹ framework and in other forums. Bolivia's Constitution guarantees private property, ensuring that its use is not prejudicial to the common interest. In general, foreign investors are given national treatment, except in zones close to Bolivia's borders (50kilometres from the border) or zones specified in the legislation. Bolivia gives foreign investors guarantees under bilateral investment agreements, freetrade agreements and commitments made under the General Agreement on Trade in Services (GATS). Broadening these commitments would give Bolivia's trade regime greater predictability, reduce risks and costs, and thus help to attract foreign investment. Formulation and Implementation of Trade Policy General legal and institutional framework Since the previous review in 1999, there have been several changes in Bolivia's legal framework. The Bolivian Constitution was amended in 2004, but the changes did not directly affect trade. Executive power is exercised jointly by the President and the Ministers of State. The President and Vice-President are elected at the same time for a non-renewable term of five years; they may nevertheless be re-elected after at least one constitutional period has elapsed. Ministers are appointed by the President by decree. The Constitution gives the President the power, inter alia, to put the budget before Congress for approval, conduct foreign relations and negotiate international treaties. In Bolivia, legislative power is vested in the National Congress, which is composed of two chambers. The lower chamber, that is to say, the Chamber of Deputies, is composed of 130members, and the Senate of 27 (three senators per Department). Both deputies and senators are elected for five years and may be re-elected. Congress is presided over by the Vice-President. The Legislature is empowered, inter alia, to approve the budget and impose taxes of any type or nature. Tariffs are proposed by the Executive and approved by the Legislature. Bolivia's political and administrative structure comprises nine Departments. These are responsible, inter alia, for applying domestic legislation and managing their own financial resources. The hierarchy of Bolivia's legislation is, in decreasing order, the Constitution, national laws, and legal instruments adopted by the Executive: supreme decrees, supreme resolutions, multiministerial resolutions, biministerial resolutions, ministerial resolutions, and administrative resolutions. International treaties concluded by the President and ratified by Congress become part of national law and may be invoked before the Bolivian courts. The Congress does not amend international agreements concluded by the Executive. The Judiciary is composed of the Supreme Court of Justice of the Nation, the Constitutional Court, the district higher courts, the courts and judges of first instance and other courts and judges defined in the law. The Supreme Court is made up of 12judges and its President, who are elected by the National Congress for a term of 10years. The Andean Court of Justice verifies the legality of the provisions of the Andean Community, nullifying them if necessary; this Court also interprets the laws of the Andean Community in order to ensure that they are uniformly applied in the member States, and settles disputes. During the period under review, political and social instability in Bolivia led to the resignation of two Presidents of the Republic, in October 2003 and June 2005. The latter resignation occurred in the context of a complex programme that included the establishment of a Constituent Assembly, a referendum on regional autonomy and the exploitation of hydrocarbons. The general elections for the purpose of electing the President, the Vice-President, senators and deputies have been brought forward and are programmed for December 2005. The convening of the Constituent Assembly and the referendum on autonomy are planned for the first Sunday in July 2006. The instability has had a negative impact on Bolivia's economy (see also ChapterI). According to the International Monetary Fund, there has been no growth because the reforms implemented have not managed to make any fundamental changes to the nature of the State or improve the business environment, while political opposition to decisive structural reforms and pressure by various interest groups have meant that Bolivia remains fiscally and financially vulnerable. During the review period, Bolivia has also combated corruption, in particular, by setting up the Delegacin Presidencial Anticorrupcin DPA (Presidential Anti-Corruption Delegation). In January 2004, the DPA adopted the 2004-2007 Anti-Corruption Action Plan, whose objective is to help to achieve transparency in public affairs. Trade policy formulation and objectives Since 1999, there have been some changes in the organization of trade policy formulation. In 2003, the Executive was reorganized pursuant to Law No.2.446 of 12March 2003 and its Supreme Regulatory Decrees No.26.973 of 27March 2003 and No.27.230 of 31October 2003. Under the Executive's new structure, the body responsible for coordinating all economic, social and human development policies and, in general, for drafting and implementing policies is the National Economic and Social Policy Council (CONAPES). The Social and Economic Policy Analysis Unit (UDAPE) acts as the technical secretariat for the CONAPES. The Ministry of Economic Development has taken over many of the responsibilities of the former Ministry of Foreign Trade and Investment. Through its Vice-Minister for Industry, Trade and Export, the Ministry of Economic Development draws up trade policy and drafts and implements investment policy. It also establishes technical posts related to foreign trade and trade integration, in cooperation with the Ministry of Foreign Affairs and Worship, and takes part in negotiations on trade agreements. The Ministry of Foreign Affairs and Worship is responsible for defining and implementing strategies for bilateral and multilateral economic relations and for negotiating trade agreements, as well as economic and trade integration agreements and other instruments. The Ministry of Finance is in charge of fiscal policy, including tariff policy. In collaboration with the Ministry of Foreign Affairs and Worship, it negotiates regional integration agreements and other preferential agreements that cover tariff and fiscal concessions. The National Export Council (CONEX) proposes export policies, programmes and strategies and may be consulted on legislative drafts. It is chaired by the Minister for Economic Development, and the Vice-Minister for Industry, Trade and Export acts as vice-chair; the other members are the Vice-Minister for Economic Relations and Foreign Trade, the Vice-Minister for Agriculture and Livestock, the Vice-Minister for Tax Policy, the President of the Bolivian National Chamber of Exporters and one exporter from the industrial sector, one from the agricultural sector and one from the forestry sector, all three appointed by the Bolivian National Chamber of Exporters. The CONEX may call on technicians and experts to contribute to the debate on the elaboration of policies depending on the matter discussed. Private sector participation in trade negotiations was placed on an official basis in May 2005; the Executive will convene the following private entities for this purpose: the Confederation of Bolivian Private Entrepreneurs (CEPB), the Bolivian National Chamber of Exporters (CANEB), the National Chamber of Commerce (CNC), the National Chamber of Industry (CNI), and the Bolivian Confederation of Agriculture (CONFEAGRO). Moreover, when needed, the Bolivian Foreign Trade Institute (IBCE) and other specialized bodies may be called on. In principle, Bolivia's trade policy is determined by its participation in the Andean Community, but in the current state of Andean integration its trade policy is formulated mainly at the national level. In May 2005, a number of new rules were introduced in order to boost exports (see also ChapterIII(3)(v)). Bolivia has adopted a national policy on external integration, economic and trade promotion and effective market access with a view to enhancing its participation in the integration processes; strengthening Bolivia's strategic position within those processes in light of its geographical situation and its natural resources; opening up and conquering new markets, while consolidating those already existing; promoting investment; encouraging integration agreements and action to develop the physical infrastructure; and fostering the alliance with the private sector. In order to improve effective access to foreign markets, the Ministry of Foreign Affairs and Worship endeavours to maintain and improve preferences and facilitate trade, inter alia. It also decides on target markets, which have priority when programmes and action are implemented. In May 2005, the Red Externa Boliviana REB (Bolivian External Network) was set up for the purpose of economic and trade promotion, attracting investment, tourism and culture. The REB is part of the Ministry of Foreign Affairs and Worship and is made up of Bolivia's diplomatic missions and consulates. Also in May 2005, the Ministry of Economic Development was instructed to implement the National Export Strategy (ENEX) within 60days. The ENEX's objective is to increase the production of goods and services for export, enhance productivity and quality, create the necessary infrastructure, diversify Bolivia's exports, and undertake appropriate promotion efforts (see ChapterIII(3)(v)). Foreign Investment Regime The authorities indicate that investment policy seeks to ensure that the benefits of Bolivian and foreign private investment lead to a transformation of Bolivia's production structure. It aims to ensure that foreign and Bolivian private investment makes a more substantial contribution to economic growth, job creation and poverty reduction through public investment in order to raise general standards. Government policy also underlines the need to develop policies to complement foreign investment policies so as to boost Bolivia's capital market, build its institutions and develop manufactures for export. It is also intended to foster selective promotion both in terms of location (regions and municipalities) and in terms of sectors that do not benefit from the capitalization/privatization (manufactures) policies. The Vice-Ministry of Industry, Trade and Export (VMICE), which forms part of the Ministry of Economic Development, is responsible for formulating and implementing policies to promote and boost investment. It also monitors compliance with the legal provisions guaranteeing private investment. The Bolivian Promotion Centre, for its part, implements the policy to promote foreign investment in Bolivia. The National Economic Policy Council (CONAPE) is responsible for evaluating and approving the investment policies proposed by the VMICE and ensuring that they are consistent with national social and economic development policies. Bolivia's investment regime is governed by Law No.1.182 of 17September 1990 (Investment Law), Decisions Nos.291 and 292 of the Andean Community of Nations (see below) and various additional sectoral regulations which include provisions on investment (see ChapterIV(7) and 7(ii), (iii) and (iv)). The Investment Law determines the general aspects of the regime, and in particular, investors' guarantees and obligations, the joint venture regime and free zones. The Constitution guarantees private property provided that its use is not prejudicial to the common interest (Article22). The authorities indicate that, even though the Constitution does not explain what is meant by the common interest, it can be inferred that Article22 guarantees private property provided that it has been obtained lawfully and that its use does not violate any law or is prejudicial to social well-being. Decision No.291 determines the foreign investment regime within the framework of the Andean Community, while Decision No.292 lays down the investment regime for Andean multinational enterprises (EMAs), defined as those in which 60per cent of the capital belongs to investors from two or more member countries of the Andean Community. EMAs are given national treatment by member countries of the Andean Community, except as regards the contracting of technology, which member countries of the Andean Community should preferably obtain from the EMAs. Decision No.291 also specifies that investors from countries that are not members of the Andean Community have the same rights and obligations as investors from member countries unless otherwise provided in domestic legislation. The 1990 Investment Law recognizes the same rights, responsibilities and guarantees to all investors and to the business or company in which they invest, without any limitations other than those laid down in the Law. The Law provides the following guarantees: ( Right to private property without any limitations other than those stipulated in the Law (see below). ( Free exchange regime. ( Free inflow and outflow of capital. ( Free convertibility of currency. ( Freedom to contract investment insurance in Bolivia or abroad. ( Freedom to export and import goods and services provided that they do not affect public health and/or State security. ( Freedom to produce and market goods and services as well as to determine prices. ( Right to bring disputes before arbitration tribunals in conformity with Bolivia's Constitution and international rules (see below). ( National treatment for all investors as regards access to incentives given by the Bolivian Government. ( Freedom to transfer abroad dividends, interest and royalties relating to transfer of technology. Foreign investment in Bolivia does not require prior authorization or special registration of the investment. The Constitution does not allow foreigners to own land in Bolivia between the border and the first 50kilometres inside Bolivia except in the case of national requirements. The latter include the building of pipelines for transporting hydrocarbons or their by-products, construction and operations for generating, interconnecting, transmitting, distributing and marketing electricity, and construction and operation of any facility for the transmission of data, signals, images, sound and general information using any means of communication. Foreigners may also carry out and undertake both mining and hydrocarbons works within the 50-kilometre fringe under joint ventures with Bolivians, Bolivian-owned or State-owned enterprises (see also ChapterIV(3), (5) and (6)). The authorities indicate that there are no sectors reserved to the State. Bolivia undertook commitments under the GATS in relation to investment (see ChapterIV(5)). Bolivia has several preferential agreements containing investment clauses. Within the Andean Community, Decisions Nos.291 and 292 lay down the legal parameters for foreign investment in Bolivia (see above). In addition, the Economic Complementarity Agreement (ECA) between Bolivia and Mexico contains clauses on investment which specify, inter alia, that the parties are to be given national treatment and MFN treatment and also defines mechanisms for settling investment-related disputes. The ECA between Bolivia and MERCOSUR does not contain any specific clauses on investment between MERCOSUR and Bolivia but does state that the signatories will consider the possibility of concluding agreements in order to prevent double taxation and to encourage and protect reciprocal investment (see section4 below). Bolivia has signed bilateral agreements to promote and protect mutual investment with the Netherlands (1994), Peru (1995), Argentina (1995), Cuba (1998), Denmark (1997), Romania (1997), the Republic of Korea (1997), Ecuador (1997), Chile (1999), the United States (2001) and Paraguay (2003). In 2002, Bolivia also signed an investment agreement with Costa Rica, but this has not yet been ratified. Bolivia has ratified bilateral double taxation agreements with Argentina (1997), the Netherlands (1992), China (1993), Peru (1993), Sweden (1994), the United Kingdom (1994), Germany (1995), France (1995) and Spain (1997). Andean Community Decision No.578 establishes the regime on preventing double taxation among Andean Community member countries. Law No.1.770 of 10March 1997 sets out Bolivia's legal framework for dispute settlement and arbitration to which the parties may resort before bringing their disputes before the courts. Bolivia is also party to international arrangements to protect investment, for example the Multilateral Investment Guarantee Agency and the Centre for the Settlement of Investment-Related Disputes. Trade Policy Objectives World Trade Organization Bolivia became a signatory to the GATT on 8 September 1990. The National Congress ratified the Marrakesh Agreement Establishing the World Trade Organization on 5July 1995 under Law No.1.637 and Bolivia has been a ϲʹ Member since 12September 1995. It took part in the postUruguay Round negotiations on telecommunications and financial services; the commitments it undertook in both areas are attached to the Fourth and Fifth Protocols annexed to the GATS (see also ChapterIV(7)). Bolivia has not signed the ϲʹ plurilateral Agreements on Trade in Civil Aircraft and Government Procurement and is not an observer at either of the two Agreements; it has not signed the Agreement on Information Technology either. Bolivia grants MFN treatment as a minimum to all its trading partners. Since the last review in 1999, Bolivia has submitted a large number of notifications to the ϲʹ; however, in March 2005 some notifications still had to be made. For example, Bolivia has not notified its participation in any economic integration agreement, nor has it completed the list of questions pursuant to the decision adopted by the Customs Valuation Committee on 5May 1981. Some notifications that Bolivia must submit annually (for example, that on agricultural export subsidies) and biannually (such as the notification on quantitative restrictions) still have to be updated (TableAII.1). Bolivia takes an active part in the ϲʹ. During the Doha Development Round, it submitted a number of proposals, some of them jointly with other small economies and/or landlocked countries. In 2002, as a member of the Cairns Group, it hosted the 24th Ministerial Meeting of the agricultural leaders of the Cairns Group. Bolivia draws attention to the fact that landlocked developing countries are confronted by a unique geographical situation that imposes higher transportation and transaction costs for their goods and services, thereby limiting their competitiveness. Bolivia has therefore urged ϲʹ Members to take into account the special situation of these countries and to adopt measures (such as preferential access to markets for their exports) that will facilitate their full integration in the multilateral trading system. In April 2005, Bolivia and other Members submitted a communication on trade facilitation containing proposals intended to improve certain elements in ArticleV of the GATT (Freedom of transit). Among the principles which Bolivia has identified as essential to a fruitful conclusion to the Doha negotiations are the integration of developing countries in the multilateral trading system and the benefits accruing from it; the conclusion of an acceptable and beneficial final package that does not exclude any sector; and participation by all Members in the decision-making process. Bolivia is also a joint sponsor of a proposal to amend certain provisions of the Understanding on Rules and Procedures Governing the Settlement of Disputes. In addition, it is Bolivia's view that, for the Doha negotiations to be successful, greater attention has to be paid to the development dimension. It is therefore necessary to clarify the relationship between the TRIPS Agreement and public health and to establish fair and equitable rules for agricultural trade in the ϲʹ. Bolivia has expressed a wish to see a clear mandate on the elimination of protectionist and trade-distorting measures applied in agriculture inasmuch as agriculture is one of the most sensitive sectors for the majority of Bolivia's population. Bolivia has also requested that, as part of the agricultural negotiations, the ϲʹ Members agree to discipline the activities of governmental and non-governmental enterprises and marketing boards. Together with other ϲʹ Members, Bolivia has proposed a framework for the work programme on small economies in the context of paragraph35 of the Doha Ministerial Declaration. Bolivia's objectives in the negotiations on services include achieving progressively higher levels of liberalization of trade in services as a means of promoting economic growth; securing a balance of rights and obligations through effective market access; creating appropriate flexibility for developing country Members; and ensuring that the needs of smaller delegations are taken into account. Bolivia underlines the need for effective application of the objectives laid down in the Preamble and ArticleIV (Increasing participation of developing countries) and ArticleXIX (Specific commitments) of the GATS. It has therefore put forward proposals on examining the extent to which ArticleIV and ArticleXIX.2 (Appropriate flexibility for developing countries) of the GATS are being applied to the negotiations. In a joint communication, Bolivia states that the liberalization of mode4 for the supply of services (i.e.the movement of natural persons) would provide effective market access to service providers from developing country Members. The communication also expresses concern at the offers of commitments on mode4 presented to date by developed country Members. In another joint communication, Bolivia lays emphasis on certain elements related to issues concerning mode4 in the current negotiations, including administrative procedures. The right of ϲʹ Members to apply measures to protect public health is important for Bolivia. Consequently, together with other Members, it has proposed a declaration concerning the TRIPS Agreement and public health. It has also expressed concern at the application of nonviolation and situation complaints to the TRIPS Agreement in relation to the settlement of disputes. Bolivia has not participated either as a complainant or as a defendant in any dispute before the ϲʹ. In 2004, it did participate as a third party in the dispute regarding the European Union's tariff preferences. The Appellate Body found that the EU had acted inconsistently with the ϲʹ's rules by not establishing clear criteria to determine which countries could be included as beneficiaries of its drug eradication programme and that the EU failed to demonstrate that the "Drug Arrangements are justified under paragraph2(a) of the Enabling Clause". Preferential trade agreements (a) Andean Community Bolivia is a founding member of the Andean Community, established under the 1969 Cartagena Agreement and composed (in addition to Bolivia) of Colombia, Ecuador, Peru and Venezuela. The Andean Community comprises a number of institutions grouped together within the framework of the Andean Integration System (TableAII.2). The Andean institutions have supranational authority. The highest body in the Andean Integration System is the Presidential Council. The Commission of the Andean Community is a deliberative body that adopts binding decisions, the Andean Council of Foreign Ministers is the political governing body, while the General Secretariat is the executive arm. The Court of Justice is the Andean Community's jurisdictional body. The principal objectives of the Andean Community have been the establishment of a freetrade area and the creation of a customs union. In 1993, a freetrade area was set up between Bolivia, Colombia, Ecuador and Venezuela. The customs union still has to be completed as the Common External Tariff (CET) was not being fully applied by the five member countries by August 2005. In July 2005, it was decided to set up an adhoc group for the purpose of defining common tariff policy before 2 December 2005 (see ChapterIII(2)(iv)). In addition to the usual trade development rules and mechanisms (such as rules of origin, technical regulations, safeguard measures, antidumping mechanisms or dispute settlement procedures), the Andean Community has addressed other issues such as investment, competition policy, services and intellectual property rights. In 1999, the Andean Presidential Council set the objective of establishing the Andean Common Market by 2005 at the latest. In addition to free movement of goods, it is due to provide for the free movement of services, capital and persons in the subregion. In 2000, it was agreed that the general framework of principles and rules for the gradual liberalization of trade in services contained in Decision439 (ChapterIV(7)) would be implemented within the specified time-limits. Other tasks will be to eliminate the remaining barriers to movement of capital, facilitate domestic regulations on the movement of persons, define and apply criteria for macroeconomic harmonization and continue to harmonize trade legislation. In 2004, the Andean Community recognized that trade negotiations with third countries provided opportunities but also posed challenges for Andean integration and decided to allow member countries to conduct bilateral negotiations for the purpose of concluding trade agreements with third countries where it was not possible to negotiate them at the Community level. When doing so, member countries must "preserve the Andean legal system in the relations between the Andean Community Member Countries; take into account the commercial sensitivities of the other Andean countries in the trade liberalization offers; and maintain within a transparency and solidarity framework an adequate exchange of information and consultations during the course of the negotiations". In early May 2005, the economic reforms envisaged in the programme to enhance Andean trade integration consisted of moving ahead with harmonizing macroeconomic policies in accordance with the established convergence criteria, defining the common agricultural policy, pursuing the liberalization of services on the basis of Decision510 "Adoption of the Inventory of Measures Restricting the Trade in Services", signed on 31October 2001, promoting the development of energy and integration and improving the physical infrastructure. Bolivia believes it important to maintain its export markets in the Andean Community and hopes that the Community will require compliance with the market access commitments of its member countries, define a common agricultural policy and apply a common external tariff that does not imply opening up of Bolivia's export sectors. Since 1999, Bolivia has been a defendant in the Andean Community's Court of Justice in three cases regarding non-compliance with the Andean legal system. One complaint referred to the failure to renew the air transport operating permit for unscheduled international freight services by the company Cielos del Per S.A. and the second concerned compulsory prior licences for certain agricultural products (ChapterIII(2)(vi)). The complaints were filed by the General Secretariat of the Andean Community. The third complaint referred to the requirement imposing methyl bromide fumigation for imports of cotton from Peru. The authorities indicate that, in September 2005, Bolivia was adopting the necessary measures to comply with the ruling of the Court of Justice, issued on 6July 2005, concerning the fumigation requirement. (b) Latin American Integration Association (LAIA) Bolivia is a member of the Latin American Integration Association (LAIA), created in 1980 pursuant to the Montevideo Treaty. Within the LAIA framework, Bolivia belongs to the group of countries of lesser relative economic development (see ChapterIII(2)(iv)(d)). Consequently, together with Ecuador and Paraguay, it is given unilateral preferences by the LAIA member countries under regional agreements on opening up markets signed in 1983 as part of the scheme to support countries of lesser relative economic development. The preferences granted consist of the elimination of customs tariffs and other restrictions applied to certain specific articles that are the subject of negotiations. These preferences are, however, disappearing little by little as they are incorporated into trade liberalization programmes under the "new generation" agreements (for example, economic complementarity agreements (ECAs)) or are amended as a result of such agreements. Within the LAIA framework, Bolivia has signed a number of partial scope agreements, including ECAs, with Chile, Cuba, the MERCOSUR and Mexico, and a number of agreements liberalizing trade in particular products. ECA No.22 between Bolivia and Chile has been in effect since 1993. Under this Agreement, Chile grants preferences for 406tariff lines and Bolivia for 305lines (see ChapterIII(2)(iv)(d)). The Agreement also contains provisions on rules of origin, safeguards, unfair trade practices and competition, internal taxes, investment, energy complementarity and economic cooperation in areas such as sanitary and phytosanitary measures, technical regulations and commercial information and promotion of trade, the environment and intellectual property rights. In the case of the bilateral agreement with Chile and that with Mexico (see below), Bolivia considers it necessary to hold evaluation meetings in order to create a mechanism that would allow the imbalances to be remedied. ECA No. 47 between Bolivia and Cuba came into effect in 2001 to replace the previous Partial Scope Agreement No.34 and it was adopted in Bolivia in April 1997. Under this Agreement, Bolivia gives Cuba preferential access for 104tariff lines and Cuba gives it to Bolivia for 96tariff lines (see ChapterIII(2)(iv)(d)). The Agreement also contains provisions on matters such as rules of origin, safeguards, unfair trade practices, trade in services, technical regulations, investment, transport, trade promotion and facilitation, intellectual property rights and dispute settlement. ECA No. 36 between Bolivia and MERCOSUR concerns the creation of a freetrade area between Bolivia and the MERCOSUR and entered into effect in 1997. Its objectives include the creation of a freetrade area within 10years. The tariffs applied to a number of products will, however, fall to zero in 2011 or 2014 (see ChapterIII(2)(iv)(d)). In addition, the preferences granted under the Partial Scope Agreement on the Liberalization and Expansion of Intraregional Trade in Seeds and Regional Agreement No.7 on Cooperation and Trade in Goods in the Cultural, Educational and Scientific Sectors prevail for the products covered by these Agreements. The ECA also contains provisions on the regime of origin, internal taxes, unfair trade practices (dumping and subsidies) and practices restricting competition, export incentives, safeguards, dispute settlement, customs valuation, technical standards and regulations, sanitary and phytosanitary measures, complementarity and trade in production sectors, promotion and exchange of commercial information, services, physical integration, investment and double taxation, and scientific and technological cooperation. As regards trade with the MERCOSUR, it is Bolivia's intention to speed up liberalization of trade, abolish the quotas for exports and devise mechanisms to prevent the application of trade restrictions such as safeguards and phytosanitary measures. In addition, Bolivia considers that initiatives on the negotiation of a freetrade area between the Andean Community and the MERCOSUR and harmonization of macroeconomic policies should be adopted. ECA No. 31 with Mexico has been in effect since 1995. It covers trade in goods and services, rules of origin, technical barriers to trade, customs valuation and procedures, the agricultural sector and sanitary and phytosanitary measures, safeguards, unfair international trade practices, government procurement, investment, intellectual property, temporary entry of business persons, transparency and dispute settlement procedures. There are various tariff reduction programmes and full liberalization is envisaged by January2009 (see ChapterIII(2)(iv)(d)). Nevertheless, Bolivia considers that action in the business sphere is extremely important as Bolivia does not enjoy full access to the Mexican market and trade initiatives are lacking. The authorities indicate that Bolivia is negotiating an action plan within the framework of the Administrative Commission under ECA No.31 with the aim of promoting trade, investment, tourism and economic complementarity. The Partial Scope Agreement on the Liberalization and Expansion of Intraregional Trade in Seeds (Agricultural Agreement No.2) between Argentina, Bolivia, Brazil, Chile, Colombia, Cuba, Ecuador, Mexico, Paraguay, Peru, Uruguay and Venezuela came into effect in Bolivia in 1997. It gives 100per cent tariff preferences for intraregional trade in seeds. Until August 2005, Bolivia was engaged in internal administrative procedures to give practical effect to the Regional Agreement on Cooperation and Trade in Goods in the Cultural, Educational and Scientific Sectors (Regional Agreement No.7) between Argentina, Bolivia, Brazil, Chile, Colombia, Cuba, Ecuador, Mexico, Paraguay, Peru, Uruguay and Venezuela. The Agreement's objective is to create a common market for cultural goods and services and to grant a 100per cent preference for the products specified. (c) Unilateral regimes in force Bolivia enjoys the unilateral preferences granted by various countries (see ChapterIII(3)(vi)). It has benefited from the current GSP of the European Communities (EC) (which will expire on 31December 2005), including the EC's special arrangements to combat drug production and trafficking, which, in 2004, were declared inconsistent with the ϲʹ's rules (see section(4)(i)). According to the relevant ϲʹ rules, the EU has until 1July 2005 to bring its legislation into line with its ϲʹ obligations. A new GSP was adopted on 27June 2005 in Council Regulation (EC) No.980/2005. For Andean and other countries, the GSP+ came into force on 1July 2005. Bolivia also benefits from the Andean Trade Promotion and Drug Eradication Act (ATPDEA) of the United States under which a large number of Bolivia's exports enter the United States free of duty. (d) Trade agreements currently being negotiated Together with other countries in Central and Latin America and the Caribbean (except Cuba), Bolivia is participating in the process of creating the Free Trade Area of the Americas (FTAA), which, at June 2005, had been suspended. Bolivia is taking part in the negotiations together with other Andean Community countries. In mid-2005, Bolivia participated as an observer in the negotiations on the Andean Free Trade Agreement between Colombia, Ecuador, Peru and the United States. On several occasions, Bolivia has expressed a wish to become a full participant in the negotiations, and in this connection the authorities have stated that they hope to initiate bilateral negotiations on the conclusion of a freetrade agreement with the United States in the near future. Since March 2000, Bolivia, together with its Andean Community partners, has been negotiating an economic complementarity agreement with the three Central American Common Market (CACM) countries, namely, Guatemala, ElSalvador and Honduras, known as the "Northern Triangle". In November 2000, the two parties agreed to exchange revised lists of products of interest showing the preferences sought and offered. This exchange of lists took place in May 2001. In September 2004, at the meeting of Ministers of the Andean Community and the Central American Integration System held in New York the countries belonging to the Community proposed the establishment of a mechanism for political dialogue and cooperation between the two integration blocs as a preliminary step to future negotiation of a freetrade agreement. In May 1999, the Andean Community and Canada concluded an understanding on cooperation in trade and investment. Under this understanding, the parties undertake, inter alia, to intensify and strengthen bilateral economic relations, to promote trade liberalization and investment, and facilitate greater participation and linkages with private sectors. In August 2002, the members of the Andean Community and Canada agreed to initiate talks on exploring the possibility of negotiating a freetrade agreement. The most recent round in the discussions took place in Ottawa in May 2003. As at July 2005, together with the General Secretariat of the Andean Community, the Andean countries were drawing up a list for preferential access to be submitted to Canada. The members of the Andean Community and the European Union are seeking to conclude an association agreement, with a freetrade area. In January 2005, the joint evaluation of the Andean Community's regional integration process began and led to the establishment of a joint adhoc working group. In December 2003, the Andean Community and the European Union signed an agreement on political dialogue and cooperation containing provisions on cooperation in areas such as trade, customs, services, intellectual property, government procurement and technical regulations. Trade Agreements and Arrangements The technical assistance provided to Bolivia by the ϲʹ has focused on improving government officials' awareness of ϲʹ-related issues. Since 1999, Bolivia has taken part in 86technical assistance activities, including 63workshops, seminars and technical training activities at the regional level and nine training activities at the national level. These activities covered a wide range of ϲʹ-related issues, including agriculture, regional trade agreements, technical barriers to trade, sanitary and phytosanitary measures, services, dispute settlement, antidumping practices, rules on subsidies, government procurement and related matters such as competition policy, trade facilitation and investment. In February 2003, Bolivia hosted the regional workshop on trade and the environment for Latin American countries. Bolivia has also benefited from trade-related technical assistance and capacity-building programmes provided by bilateral donors such as Canada, the European Commission and various member States of the EU (Belgium, Denmark, France, Germany, the Netherlands, Spain and the United Kingdom), the United States, Japan and Switzerland and multilateral bodies such as the International Development Association (IDA), the International Monetary Fund (IMF), the International Trade Centre (ITC), the United Nations Conference on Trade and Development (UNCTAD) and the United Nations Industrial Development Organization (UNIDO). Assistance has been given on trade policy and regulations and trade development-related issues. Trade-related assistance has also been given by a number of other international organizations such as the Inter-American Development Bank (on matters related to official policies in support of productivity and competitiveness, promoting production in rural areas, improving foreign trade administration, the customs reform and modernization project, the opportunities afforded to least developed countries by electronic trade and modernization of the business registration service); the Organization of American States, through the Inter-American Agency for Cooperation and Development (IACD); and the World Bank (institutional reform projects and the programme for the restructuring of the banking and business sector). The World Intellectual Property Organization has organized several workshops and national and regional seminars on issues relating to industrial property and technological information as a tool in support of industry, market strategies and the economic benefits of using geographical indications, intellectual property and economic development, copyright and related rights, the use of intellectual property mechanisms for the protection of traditional knowledge and folklore, and the Patent Cooperation Treaty.  Political Constitution of the State. Available at: http://www.constituyente.bo/.  Articles 60 to 66 of the Constitution.  Article 59 of the Political Constitution of the State.  In turn, the Departments are divided into 112 provinces and 327 municipalities.  Law No. 1.654 (Administrative Decentralization Law) of 28 July 1995.  Law No. 2.446 of 12 March 2003.  Andean Community, Andean Court of Justice. Available at: http://www.comunidadandina.org/ quienes/tribunal.htm.  Message of the President regarding his resignation from the office of President of the Republic, LaPaz, 6June 2005.  IMF (2005b), page 17.  Presidential Decree No. 27.214 of 19 October 2003.  Office of the President of the Republic of Bolivia, Presidential Anti-Corruption Delegation, 20042007 "Plan de Accin Anticorrupcin". Available at: http://www.anticorrupcion.gov.bo/DPAInternet/ Plan_de_Accin/Marco_referencial.aspx.  The CONAPES is chaired by the President of the Republic or, in his absence, by the Minister for Economic Development, and it includes other ministers and vice-ministers such as the Minister for the President's Office, the Minister for Finance, the Minister for Sustainable Development, the Minister for Services and Public Works, the Minister for Mines and Hydrocarbons, Education, Health and Sport, Labour, Rural and Agricultural Affairs, the Minister without portfolio in charge of public participation and the Vice-Ministers for Economic Relations and Foreign Trade, Government Coordination, Public Investment and External Financing. In addition, other ministers or officials of various institutions can be called upon.  The UDAPE was established by Supreme Decree No.19.758 of 22August 1983.  CONEX was established in 1993 pursuant to Law No.1.489.  First circle: border areas of geo-economic importance; second circle: other Andean Community country markets, and markets in the MERCOSUR and other LAIA countries; and third circle: markets in the United States of America, Canada, the European Union and Asia.  Supreme Decree No. 28.124 of 17 May 2005.  Supreme Decree No. 28.124 of 17 May 2005.  First circle: border areas of geo-economic importance; second circle: other Andean Community country markets, markets in the MERCOSUR and LAIA countries; and third circle: markets in the United States of America, Canada, the European Union and Asia.  Supreme Decrees No.28.124 of 17May 2005 and No.28.128 of 17May 2005.  Supreme Decree No. 28.124 of 17 May 2005.  CONAPE (2005), pages 38 and 39.  CONAPE (2005), page 40.  Ministry of Economic Development, information online. Available at: http://www.desarrollo.gov.bo.  Decision No. 292, Article23.  Political Constitution of the State, Article 25.  Law No. 1.961 of 23 March 1999, Articles 1, 2 and 3.  Law No. 1.777 of 17 March 1997 (Mining Code), Article17, and Law No.1.689 of 30April 1996 (Hydrocarbons Law), Article2.  The dates within brackets are the year in which the agreement entered into force.  Idem.  World Bank, information online. Available at: http://www.worldbank.org.  ϲʹ documents WT/MIN(03)/W/23 of 14 September 2003 (Joint proposal by landlocked developing countries (Afghanistan, Armenia, Azerbaijan, Bhutan, Bolivia, Botswana, Burkina Faso, Kazakhstan, Kyrgyz Republic, Malawi, Mali, Mongolia, Paraguay, Rwanda, Swaziland, Uganda, Zambia and Zimbabwe) and WT/COMTD/SE/W/10 of 27April 2004.  Ibid.  ϲʹ documents TN/TF/W/28 and TN/TF/W/28/Add.1 of 22 April 2005 and 11 May 2005 respectively.  ϲʹ document TN/C/W/13 of 6 June 2003.  ϲʹ document WT/GC/W/410/Rev.1 of 26 October 2001 (Communication from Bolivia, Canada, Chile, Colombia, Costa Rica, Ecuador, Japan, Korea, New Zealand, Norway, Peru, Switzerland, Uruguay and Venezuela).  ϲʹ document WT/GC/M/71 of 13 December 2001.  Ibid.  ϲʹ documents WT/GC/M/71 and G/AG/NG/W/104 of 13 December 2001 and 23 January 2001 respectively. See also ϲʹ documents WT/MIN(03)/ST/83 and WT/MIN(01)/ST/125 of 12 September 2003 and 12November 2001 respectively.  ϲʹ document WT/GC/W/468 of 12 February 2002 (Communication from Barbados, Belize, Bolivia, Cuba, Dominican Republic, El Salvador, Fiji, Guatemala, Honduras, Jamaica, Mauritius, Nicaragua, Papua New Guinea, Saint Lucia, Solomon Islands, Sri Lanka, and Trinidad and Tobago).  ϲʹ document S/CSS/W/13 of 24 November 2000 (Communication from Argentina, Brazil, Cuba, Dominican Republic, El Salvador, Honduras, India, Indonesia, Malaysia, Mexico, Nicaragua, Pakistan, Panama, Paraguay, Philippines, Sri Lanka, Thailand, Uruguay, and the members of the Andean Community (Bolivia, Colombia, Ecuador, Peru and Venezuela)).  ϲʹ document TN/S/W/16 of 25 July 2003 Joint Statement on the Implementation of Paragraph15 of the "Guidelines and Procedures for the Negotiations on Trade in Services". Communication by the delegations of Barbados, Bolivia, China, Colombia, Cuba, Dominican Republic, Ecuador, Egypt, Honduras, India, Indonesia, Jamaica, Malaysia, Nicaragua, Pakistan, Peru, Trinidad and Tobago, and Venezuela. See also ϲʹ document TN/S/W/7 of 28October 2002, from the delegations of Barbados, Bolivia, Colombia, Cuba, Ecuador, Nicaragua, Peru and Trinidad and Tobago.  ϲʹ document TN/S/W/19 of 29 March 2004 (Communication from the delegations of Bolivia, Brazil, Chile, China, Colombia, Cuba, Dominican Republic, Ecuador, Egypt, Guatemala, India, Indonesia, Mexico, Nicaragua, Pakistan, Peru, Philippines and Thailand).  ϲʹ document TN/S/W/14 of 3 July 2003 (Communication from the delegations of Argentina, Bolivia, Chile, China, Colombia, Dominican Republic, Egypt, Guatemala, India, Mexico, Pakistan, Peru, Philippines and Thailand).  ϲʹ document IP/C/W/312 WT/GC/W/450 of 4 October 2001 (Proposal by the African Group, Bangladesh, Barbados, Bolivia, Brazil, Cuba, Dominican Republic, Ecuador, Haiti, Honduras, India, Indonesia, Jamaica, Pakistan, Paraguay, Peru, Philippines, Sri Lanka, Thailand and Venezuela).  ϲʹ document IP/C/W/385 of 4 October 2002 (Communication from Argentina, Bolivia, Brazil, Colombia, Cuba, Ecuador, Egypt, India, Kenya, Malaysia, Pakistan, Peru, Sri Lanka and Venezuela).  ϲʹ document WT/DS246/AB/R of 7 April 2004.  Peru acceded to the free-trade area in 1997 and will become fully integrated in 2005.  Andean Presidential Council, Act of Cartagena of 27 May 1999.  Andean Presidential Council, Act of Lima, 9 and 10 June 2000.  Andean Community Decision 598 of 11 July 2004.  Ibid, Article 2.  The Action Plan of the Andean Community Council of Ministers for Energy, Electricity, Hydrocarbons and Mines was approved on 19June 2003.  Ministry of Foreign Affairs and Worship, Notas sobre Politca Exterior Boliviana, available at: http://www.rree.gov.bo/ministerio/POLITICA%20EXTERIOR/politica.htm.  In Bolivia's case, the preferences are granted under Regional Agreement No.1 (namely, the Regional Agreement on Opening up Markets in Favour of Bolivia).  LAIA (2002).  ECA No. 22 was incorporated in Bolivia's legislation by Supreme Decree No. 23.538 of 30June1993 and in Chile's legislation in 1993.  LAIA (2002).  Ministry of Foreign Affairs and Worship, Notas sobre Politca Exterior Boliviana, available at: http://www.rree.gov.bo/ministerio/POLITICA%20EXTERIOR/politica.htm.  Supreme Decree No. 26.287 of 22 August 2001.  ECA No. 47 was incorporated in Bolivia's legislation in 2001 by Supreme Decree No. 26.287 of 22August 2001 and in Cuba's legislation in 2000.  LAIA (2002).  ECA No. 36 was incorporated in Bolivia's legislation in 1997 (by Supreme Decree No.24.503 of 21February 1997 and Supreme Decree (administrative application) No.25.651 of 14January 2000), in Argentina's legislation in 1991, in those of Brazil and Paraguay in 1997 and in that of Uruguay in 1985.  Ministry of Foreign Affairs and Worship, Notas sobre Politca Exterior Boliviana, available at: http://www.rree.gov.bo/ministerio/POLITICA%20EXTERIOR/politica.htm.  ECA No. 31 was incorporated into Bolivia's legislation by Supreme Decree No.23.933 of 23December 1994 and Note SG/No.19/99 and into Mexico's legislation in 1994.  Ministry of Foreign Affairs and Worship, Notas sobre Politca Exterior Boliviana, available at: http://www.rree.gov.bo/ministerio/POLITICA%20EXTERIOR/politica.htm.  This Agreement was incorporated in Bolivia's legal structure by Supreme Decree No. 24.543 of 31March 1997.  The Agricultural Agreement was incorporated in Bolivia's legislation in 1997 (by Supreme Decree No.24.543 of 1997), in Argentina's legislation in 1991, in those of Brazil, Chile and Uruguay in 1993 and in that of Peru in 1995; for the other countries, namely, Colombia, Cuba, Ecuador, Paraguay and Venezuela, no information is available.  The Agreement was incorporated in the legislation of Argentina, Brazil and Venezuela in 1989, in those of Colombia and Mexico in 1990 and in that of Chile in 2001. For the other countries, namely, Cuba, Ecuador, Paraguay, Peru and Uruguay, no information is available.  These include products such as cinematographic films, photographic films, sound recording media, books, booklets and similar printed matter, newspapers and periodicals, paintings, pictures and drawings and music, printed or in manuscript.  ϲʹ document WT/DS246/14 of 20 September 2004.  Andean Community, Central America and the Caribbean, information online. Available at: http://www. comunidadandina.org/exterior/centro_caribe.htm.  European Commission (2005).  IDB, information online. Available at: http://www.iadb.org/exr/country/esp/bolivia/.  World Bank, Projects & Operations, information online. Available at: http://www.worldbank.com/.  WIPO, Bolivia, information online. Available at: http://www.wipo.int/directory/es/details.jsp? country_id=22. WT/TPR/S/154 Trade Policy Review Page  PAGE 26 Bolivia WT/TPR/S/154 Page  PAGE 13 Page III. 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